Akron Bar Association v. Fortado

152 N.E.3d 196 (2020)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was admitted to the practice of law in Ohio in 1977. On February 28, 1996, he was suspended for two years for engaging in conduct that adversely reflected on his fitness to practice law and failing to cooperate in the ensuing disciplinary investigation. In February 2011, M.S. retained D to represent her in a civil matter. Six months later, D commenced an intimate sexual relationship with M.S. Fortado's legal representation of M.S. concluded in February 2012, with the settlement and dismissal of the action. The intimate relationship concluded in the fall of 2014. D then represented M.S. in two other civil matters. Their relationship remained friendly until 2016 when M.S. discharged D as her attorney in a personal-injury case. D testified that M.S. initiated the intimate relationship by making repeated friendly overtures toward him and that he truly cared-and continues to care-for her. D admits that it was wrong for him to have entered into the intimate relationship while he represented M.S. In a November 29, 2018 complaint, the Akron Bar Association (P), alleged that D violated Prof.Cond.R. 1.8(j) (prohibiting a lawyer from soliciting or engaging in sexual activity with a client unless a consensual sexual relationship existed prior to the client-lawyer relationship) by commencing an intimate sexual relationship with a client during his legal representation. D admitted the charged misconduct and the parties agreed that the appropriate sanction for that misconduct is a conditionally stayed one-year suspension. The panel of the Board of Professional Conduct assigned to hear the case rejected the agreement. It held a hearing and once again stipulated that the appropriate sanction was a conditionally stayed one-year suspension. The panel recommended that D be suspended for one year with six months stayed on the condition that he engage in no further misconduct which P then accepted. D objected.